JAGDISH CHANDRA ADHIKARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE criminal revision applications have been directed against the order dated 17/1/2013, passed by the Judicial Magistrate, Ranchi in Manila P.S. Case No. 4/11 corresponding to G.R. No. 1636/11, whereby and whereunder the discharge petition filed by the petitioners under Section 239 Cr.P.C. has been rejected.

(2.) THE facts of the prosecutions' case is that the informant and petitioner's marriage was solemnized on 24.11.2008 as per Hindu rites and customs. It is alleged that the petitioner/Amit Adhikari along with his brother (Jagdish) and sister -in -law (Sanju Adhikari) started demanding Rs. 2 lacs and a car as dowry; that due to non -fulfillment of the demand they started torturing the informant. The informant left her matrimonial home and went to her parental home and the petitioners refused to keep the informant until their demand was not fulfilled and when the informant's father threatened to lodge a complaint the accused took her back. However they again tortured her and an attempt was made to burn her but she managed to escape. That the accused husband along with Surendra Singh @ Pappu Singh came and started assaulting her with an intention to outrage her modesty.

(3.) IN support of his argument he has relied on the decision in the case of B.S. Joshi & Ors. vs. State of Haryana : (2003) 4 SCC, 675, and submitted that the Hon'ble Apex Court has dwelt on the need to curb the abuse of process of court in matrimonial cases where the parties have agreed to settle their dispute amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.